It depends on the type of work. While on furlough, an individual remains an employee of the Federal Government. Therefore, the ethics laws, including the executive branch-wide standards of ethical conduct, and the U.S. Health and Human Services (HHS) supplemental ethics regulations, which require employees to obtain prior approval for certain outside activities and employment, continue to apply. Therefore, before engaging in outside employment during the FDA’s lapse in funding, employees should review the following information.
Employees who wish to engage in certain outside activities or employment during the lapse in funding must seek prior approval using the HHS 520 form (Request for Approval of Outside Activity) and e-mail the form to FDA Ethics. Employees should copy their supervisor on the e-mail. Furloughed employees should submit the form using their personal (home) computer.
To determine whether an HHS 520 is required for your outside activity or employment and additional information about the outside activity rules, please visit the FDA’s Ethics website. The FDA’s Ethics website also provides some important information regarding certain outside activities and employment that are prohibited for FDA employees.